Cohabitation & Unmarried Couples

Are you part of an unmarried cohabiting couple? You might be anxious about your rights, or facing the financial or practical implications of separating.

Despite the growing popularity of cohabitation, the myth of ‘common law marriage’ persists – two-thirds of cohabitees believe that they have the same rights as married couples or civil partners. This is not the case.

Whether you are separating now or want to take the sensible step of protecting yourself in future, we can help.

Top-ranked by Chambers & Partners and The Legal 500, our specialist family lawyers specialise in separation, dispute resolution and legal protection for unmarried couples.

Considerations when separating for cohabiting couples

Separation is usually straightforward in relation to assets held in a sole name, but complexities can arise surrounding property, children and debts.

We can help you understand your legal position and work towards the best outcome for your situation.

Property and housing

This is typically the biggest asset to be divided and most contested. Is one partner entitled to live in the family home, or should it be sold?

Ownership of the property is a major consideration. If you are joint tenants, you both have equal rights to the property. If you are tenants in common, you both own a specific share of the property, for example 66% and 34%.

If the property is owned in just one partner’s name, the other partner may still be able to establish a legal interest if they have contributed to the mortgage or paid for substantial improvements to the property.

Proving this can be difficult and requires specialist legal input.

Children

Whether or not you are married, both parents have a financial responsibility to your children. Whoever the child spends less time with is generally required to pay child maintenance.

Separating couples can make financial claims for the benefit of any children, for example a property to be allocated as a home, or money for a car.

A specialist family lawyer can help you understand and explore your options around child arrangements.

Finances, pensions and debts

When you separate as an unmarried couple, you are responsible for debts in your name and your share of any joint debts. Money in joint accounts is split equally.

Unlike divorce, there is no spousal maintenance and generally no automatic right to a share of each other’s pensions or business interests on separation.

It is also worth noting that unmarried partners have no automatic right to inherit if their partner dies without a will, unlike married couples.

Cohabitation agreements for unmarried couples

A cohabitation (or ‘living together’) agreement is a legally-binding document that outlines each partner’s rights in relation to property and assets if the relationship were to break down.

As we mentioned earlier, there is no concept of a common law spouse in English law – it is a widespread misconception that can leave cohabiting couples exposed if a relationship ends without an agreement in place.

Therefore, a cohabitation agreement is a sensible step to bridge this gap in protection, providing clarity for unmarried couples living together or planning to do so in future.

Harrogate Family Law: specialist cohabitation lawyers

Sometimes, living together just doesn’t work out.

For unmarried and cohabiting couples, end of a relationship can cause particular difficulties for division of assets, child arrangements and financial claims.

Whether you are facing separation or want to put protections in place for the future, we can help you take the next step sensitively and cost effectively.

Rated ‘Excellent’ by our clients, we work exclusively in family law. This allows us to offer the expertise of a large law firm with the personal, one-to-one service of a boutique practice.

We are top rated by Chambers & Partners, who point to our ‘extensive experience advising on challenging divorce and separation claims’, particularly in complex cases.

Based in central Harrogate, we are described by The Legal 500 as ‘a considerable force in family law within Yorkshire’ – and we routinely advise people across the country.

Contact us today to arrange an initial consultation with our family law specialists.